THE POLICY EDGE

The Next Phase of Tribal Self-Governance Begins with Stronger Institutions

A parliamentary committee says that nearly three decades after the Panchayats (Extension to the Scheduled Areas) Act, 1996, the priority must shift from legislative compliance to building institutions that enable Gram Sabha-led governance across Fifth Schedule Areas

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Key Details

The Thirty-Third Report (2025–26) of the Department-related Parliamentary Standing Committee on Rural Development and Panchayati Raj reviews the implementation of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and proposes measures to strengthen tribal self-governance across India's Fifth Schedule Areas.

Area

Committee's Observations & Recommendations

Implementation roadmap

Prepare a time-bound national roadmap with measurable outcomes through coordinated action by the Union Government and PESA States.

Gram Sabha empowerment

Strengthen Gram Sabhas through institutional support, mandatory orientation, awareness in tribal languages and digital monitoring of resolutions.

Land and community rights

Issue operational guidelines to ensure Gram Sabha consultation and consent in land acquisition, mining and rehabilitation, backed by accountability mechanisms.

Institutional coordination

Establish dedicated PESA Cells at State, district and block levels and improve coordination among departments implementing PESA.

Capacity building

Expand training material, IEC campaigns and community trainers in tribal languages across all PESA States.

Legal convergence

Improve alignment between PESA, the Forest Rights Act, land acquisition laws and State Panchayati Raj legislation.

Knowledge and monitoring

Expand the Centre of Excellence on PESA, institutionalise documentation of best practices and introduce a PESA Performance Index.

Protection of tribal institutions

Develop a National Action Plan to document and strengthen customary governance systems, tribal languages and traditional dispute-resolution mechanisms.


The Next Challenge Is Making Self-Governance Work in Practice

The parliamentary committee argues that nearly thirty years after the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) came into force, the principal challenge is no longer the legal framework itself but its implementation. While most PESA States have amended their laws and notified rules, the exercise of Gram Sabha authority remains uneven because of limited awareness, weak institutional support, fragmented administration and inconsistent implementation across states. The report therefore shifts attention from legislative compliance to the institutions needed for effective tribal self-governance.


Gram Sabhas Need Authority That Can Be Exercised, Not Just Granted

PESA assigns Gram Sabhas a central role in approving development plans, protecting community resources, safeguarding customary institutions and participating in decisions on land acquisition and rehabilitation. The Committee observes that these powers often remain underutilised in practice. It therefore recommends mandatory orientation programmes, training in tribal languages, digital recording of Gram Sabha resolutions and stronger administrative support so that constitutional safeguards translate into day-to-day governance rather than remaining statutory provisions.


Implementation Requires Institutions That Work Together

The report argues that effective implementation depends on better coordination across institutions that influence governance in Scheduled Areas. It recommends dedicated PESA Cells at different administrative levels, closer convergence between PESA, the Forest Rights Act, land acquisition laws and State Panchayati Raj legislation, and stronger coordination between the Ministries of Panchayati Raj and Tribal Affairs. It also proposes a PESA Performance Index and expansion of the Centre of Excellence on PESA to improve monitoring, research, training and knowledge-sharing across states.


Protecting Tribal Rights Also Requires Preserving Tribal Institutions

The Committee treats tribal self-governance as more than an administrative reform. It recommends documenting customary governance systems, tribal languages and traditional dispute-resolution practices, while expanding community participation in village planning and awareness programmes. Protecting tribal rights, in this view, depends not only on enforcing legal safeguards but also on strengthening the social and cultural institutions through which those rights have historically been exercised.


What Is PESA?

The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extends the provisions of the 73rd Constitutional Amendment to India's Fifth Schedule Areas while recognising the distinctive social, cultural and governance traditions of tribal communities. It places Gram Sabhas at the centre of local self-governance and grants them statutory powers over village planning, community resources, customary institutions and consultation on land acquisition and rehabilitation.


Policy Relevance

  • Moves implementation beyond legal compliance: The report shifts attention from notifying laws and rules to ensuring that Gram Sabhas can exercise their statutory powers effectively.

  • Strengthens tribal self-governance: Greater institutional support, capacity building and awareness can improve community participation in planning, resource management and local decision-making.

  • Improves coordination across laws and institutions: Better convergence between PESA, the Forest Rights Act, land acquisition laws and Panchayati Raj institutions can reduce administrative fragmentation in Scheduled Areas.

  • Builds long-term implementation capacity: Dedicated PESA Cells, the Centre of Excellence, digital monitoring and a PESA Performance Index aim to strengthen governance, accountability and evidence-based policymaking.

  • Preserves tribal governance systems alongside development: Documentation of customary institutions, tribal languages and traditional dispute-resolution mechanisms recognises indigenous governance as part of India's democratic architecture rather than merely a cultural legacy.

  • Supports more inclusive village planning: Strengthening Gram Sabha-led planning can better integrate local priorities into Gram Panchayat Development Plans (GPDPs) and rural development programmes.


Follow the Full Report: Department-related Parliamentary Standing Committee on Rural Development and Panchayati Raj (2025–26), Thirty-Third Report — Review of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA).

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